EEA Directive

Pablo Toro made this Rhyddid Gwybodaeth request to General Medical Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Yn disgwyl am adolygiad mewnol gan General Medical Council o'u triniaeth o'r cais hwn.

Dear General Medical Council,

I hope this email finds you well.
I wonder whether you might please explain what you understand, based on the European directive:
1) who are those Drs who have acquired rights,
2) what it is an aptitude test and examination and, finally
3) what compensatory measures EEA Drs and those who have acquired rights must do to be part of the specialist register
Thank you very much in advance
My best wishes

FOI, General Medical Council

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General Medical Council

Email: [GMC request email]

Working with doctors Working for patients

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dangos adrannau a ddyfynnir

FOI, General Medical Council

Dear Pablo Toro,

 

Your information request – IR1-3038017411

Thank you for your email dated 4 May, in which you ask to know based on
the European directive, who are those Drs who have acquired rights, what
it  is an aptitude test and examination and what compensatory measures EEA
Drs and those who have acquired rights must do to be part of the
specialist register.

 

How we will consider your request

We’re going to look at your request under the Freedom of Information Act
2000 (FOIA). This gives us 20 working days to respond but we’ll come back
to you as soon as we can.

 

Who to contact

Simon Willis will be handling your request. If you have any questions you
can contact him via email at [1][email address].

 

Yours sincerely

 

Lauren Barrowcliffe

Information Access Team Assistant

 

[2][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

dangos adrannau a ddyfynnir

Simon Willis (0161 923 6310), General Medical Council

Dear Pablo,

 

Thank you very much for your email of 4 May 2021. In order for me to
process your request, please advise which EEA directive you are referring
to.

 

I look forward to hearing from you and I will put this matter on hold
until then.

 

Many thanks,

Simon

 

Simon Willis

Information Access Officer

Resources Directorate

 

 

 

 

From: FOI
Sent: 06 May 2021 13:36
To: '[FOI #752467 email]'
<[FOI #752467 email]>
Subject: RE: Freedom of Information request - EEA Directive

 

Dear Pablo Toro,

 

Your information request – IR1-3038017411

Thank you for your email dated 4 May, in which you ask to know based on
the European directive, who are those Drs who have acquired rights, what
it  is an aptitude test and examination and what compensatory measures EEA
Drs and those who have acquired rights must do to be part of the
specialist register.

 

How we will consider your request

We’re going to look at your request under the Freedom of Information Act
2000 (FOIA). This gives us 20 working days to respond but we’ll come back
to you as soon as we can.

 

Who to contact

Simon Willis will be handling your request. If you have any questions you
can contact him via email at [1][email address].

 

Yours sincerely

 

Lauren Barrowcliffe

Information Access Team Assistant

 

[2][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

dangos adrannau a ddyfynnir

Dear Simon Willis (0161 923 6310),

Thank you very much for this
There were no changes about this topic between the 2013 and 2005 Directive. So it does not matter.
If you believe that there is a difference please specifically refer to which part of the directive suggest any change
My best wishes

Simon Willis (0161 923 6310), General Medical Council

Dear Pablo,

Thank you for your email. Kindly provide me with the name or reference of the EEA directive you are referring to.

Many thanks,
Simon

dangos adrannau a ddyfynnir

Simon Willis (0161 923 6310), General Medical Council

Dear Pablo,

Further to my email below, I have not heard from you.

Please provide the information required to process your request by 27 May 2021. If I do not hear from you, I will have to close the file.

Simon

dangos adrannau a ddyfynnir

Dear Simon Willis (0161 923 6310),
No that is not true
I have already replied you
I attached you now the links
so there will not be any excuse
2005 directive: https://eur-lex.europa.eu/legal-content/...
2013 directive: https://eur-lex.europa.eu/LexUriServ/Lex...

my best wishes

Simon Willis (0161 923 6310), General Medical Council

Dear Pablo,

Thank you for your email.

Are you seeking information on how an international medical graduate can apply for GMC registration? If so, the relevant details are published on our website:

https://www.gmc-uk.org/registration-and-...

You may also find the following to be of interest:

https://www.gmc-uk.org/news/news-archive...

Please let me know, if you require anything else.

Kind regards,
Simon

dangos adrannau a ddyfynnir

Dear Simon Willis (0161 923 6310),

Thanks for this
But that was clearly not my questions
Then I will reply to them
I need to know, based on the 2005 and 2013 European directives
1) who are those Drs who have acquired rights,
2) what it is an aptitude test and examination and, finally
3) what compensatory measures EEA Drs and those who have acquired rights must do to be part of the specialist register
Thank you very much in advance
My best wishes

Simon Willis (0161 923 6310), General Medical Council

Dear Pablo,

 

YOUR INFORMATION ACCESS REQUEST – IR1-3038017411

 

Thank you for your email. I’ve considered your request of 4 May 2021 under
the Freedom of Information Act 2000 (FOIA).

 

You have asked for the following information regarding EU Directives
2005/36/EC and 2013/55/EU:

 

“1) who are those Drs who have acquired rights,

2) what it  is an aptitude test and examination and, finally

3) what compensatory measures EEA Drs and those who have acquired rights
must do to be part of the specialist register”

 

RESPONSE

 

As the UK has left the European Union, the Directives no longer apply to
the GMC. This means that we do not recognise acquired rights or have a
process for compensatory measures.

 

Due to data protection reasons, we cannot disclose names of doctors who
have relied on acquired rights to gain registration with the GMC or join
the GP or Specialist Register in the past; this information is subject to
the exemption set out below. For completeness, please note that
identifying them would take significant amount of time as we will need to
carry out a manual check of all applications we have received from doctors
who qualified outside of the UK and extracting the data may engage an
exemption under the FOIA.

 

Aptitude tests, including examinations, are part of compensatory measures
that we could previously adopt.

 

THE EXEMPTION

 

Section 40(2), by virtue of section 40(3A)(a), of the FOIA applies where
the information is the personal data of a third party and where releasing
the information would breach any of the principles relating to the
processing of personal data listed at Article 5 of the General Data
Protection Regulation (GDPR). In this instance disclosure would breach the
first principle, which requires the processing of information to be
lawful, fair and transparent. I do not believe that any of the legal bases
for processing listed at Article 6 of the GDPR are met and therefore
giving you the information would be unlawful.

 

YOUR RIGHT TO APPEAL

 

I'm sorry I couldn’t provide all the information you requested. If you
would like to appeal this decision please set out your reasons in writing
to [GMC request email]. Please note that we will only usually consider appeals
received within 40 working days of our response. You can also appeal to
the Information Commissioner, the regulator of FOIA and DPA at:

 

Customer Contact

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

 

Kind regards,

Simon

 

 

Simon Willis

Information Access Officer

 

dangos adrannau a ddyfynnir

Dear General Medical Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of General Medical Council's handling of my FOI request 'EEA Directive'.
I have asked the GMC to know information
1) who are those Drs who have acquired rights,
2) what it is an aptitude test and examination and, finally
3) what compensatory measures EEA Drs and those who have acquired rights
must do to be part of the specialist register

based on the EU Directives 2005/36/EC and 2013/55/EU:

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
They refused to provide that information because they said that after Brexit those directives not longer apply.
Honestly, I think that argument is ridiculous. It is a simple excuse.
Thereafter, they claimed that they would need to disclose the names of doctors who had acquired rights in person
No, that is not true. I have not asked this. That information is not needed. In fact, I already have it

Therefore, I strongly ask the GMC to reply to my questions
Thanks
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/e...

My best wishes

FOI, General Medical Council

Dear Mr Toro,

Thank you for your email dated 2 June.

We will be considering your email under our comments and complaints procedure. This sets a target response time of 20 working days. We will endeavour to respond to you within this timeframe.

Julian Graves will be handling your request. If you have any questions you can contact him via email at [email address].

Yours sincerely

Lauren Barrowcliffe
Information Access Team Assistant

[email address]
General Medical Council
3 Hardman Street
Manchester
M3 3AW

dangos adrannau a ddyfynnir

Julian Graves (0161 923 6351), General Medical Council

1 Atodiad

Dear Mr Toro

Please find attached my response to your FOIA appeal.

Yours sincerely

Julian Graves

Julian Graves
Information Access Manager
General Medical Council
3 Hardman Street
Manchester M3 3AW

Tel. no: 0161 923 6351
Email: [email address]

dangos adrannau a ddyfynnir

Dear Julian Graves (0161 923 6351),
Thank you very much.
But I regret to say that what you are saying is not correct since you did previously applied compensatory measures.
Please read below:

"For those applicants undergoing a general systems assessment for specialist or GP recognition, the recommendations made for the adaptation period are very specific and provided in line with the requirements of the relevant curriculum. At the end of our assessment, we provide a clear recommendation to the applicant, the time in which it can be achieved, as well as suggesting what evidence can be provided to
the GMC to demonstrate that the requirements have been fulfilled." the GMC in Ref. Ares(2016)738622 - 11/02/2016

It is also untrue that you have not applied an examination to Non-EEA doctors. This is called,
the Professional and Linguistic Assessments Board (PLAB). Please read below:

"Although not a requirement for registration for EEA doctors, this doctor elected to sit an exam in the UK, run by the GMC, which is known as the Professional and Linguistic Assessments Board (PLAB)."
"This TEST is the main route by which international medical graduates demonstrate that they have the necessary skills and knowledge to practise medicine in the UK" the GMC in Ref. Ares(2016)738622 - 11/02/2016

Furthermore:

Professional qualifications in regulated professions
Question 5: Do you know any regulated professions where EU citizens might effectively face such situations? Please explain the profession, the qualifications and for which reasons these situations would not be
justifiable.

EEA applicants who do not meet the standards of proficiency we set for their profession are not required to undertake entire qualifications in order to gain access to our Register. In most cases, an appropriate period of adaptation or an aptitude test is usually designed for an applicant. The adaptation may include a combination of relevant supervised practice and/or training to enable the applicant to update their skills in a specific way so they can meet all the standards of proficiency for their profession.

However, you have not asked Doctors with acquired rights to apply these compensatory measures before.

"We also have evidence of 83 applicants who have in the past failed our PLAB test and have subsequently gained recognition and registration with the GMC under the Directive after they acquired EC rights or following EU enlargement". the GMC in Ref. Ares(2016)738622 - 11/02/2016

Then I wonder:
1) Why you are not saying the truth
2) Please explain why you asked Non-EEA nationals to sit two linguistic tests: IELTS and PLAB
3) Why only Non-EEA have to sit the PLAB

Please specifically refer to doctors with acquiring rights as those: "Third-country nationals may also benefit from equal treatment with regard to recognition of diplomas, certificates and other professional qualifications, in accordance with the relevant national procedures, under specific Union legal acts such as those on a long-term residence, refugees, ‘blue card holders’ and scientific researchers" using 2005 Directive which amended 2013"
4) Having said that, have you ever asked scientific researcher doctors with acquired right to do compensatory measures?

Thanks

Julian Graves (0161 923 6351), General Medical Council

1 Atodiad

Dear Mr Toro

Please find attached a response to your email of 17 June 2021.

Yours sincerely

Julian Graves

Julian Graves
Information Access Manager
General Medical Council
3 Hardman Street
Manchester M3 3AW

Tel. no: 0161 923 6351
Email: [email address]

dangos adrannau a ddyfynnir

Dear Julian Graves (0161 923 6351),

Thanks for your letter. Much appreciated.
Below are my comments.

1) You are not saying the truth when you say that the GMC has not applied compensatory measures. Apart from me, I have already found compensatory measures applied to 3 doctors
I also found a document issued by the GMC in 2017 which says:
A trainee told us how important flexibility was to their career: ‘I joined the training programme at ST4 level, halfway through the programme due to my previous experience and training in obstetrics and gynaecology, and sexual and reproductive health. This not only shortened the training programme, it was one of the main reasons for me to apply for the programme and secure a training post. If this flexible opportunity was not in place at that time, I might not have considered applying for the training post. I do feel it was a great opportunity at that time for candidates like me with previous many years of experience to apply for the training programme and start the training programme at mid-level.’

1.1) Can you then explain which compensatory measure was apply to that Doctor?
1.2) Was he fully registered with the GMC then?

2) I know that, but my question is different. I wonder what is the rationality behind only asking Non-EEA to sit the PLAB? why?

3) EEA doctors with an overseas qualification also weren’t required to sit PLAB, but their registration wasn’t ‘automatic’ and they were required to meet other criteria (section 19 refers).
3.1) what is the rationality behind asking for not asking EEA Doctors to sit the PLAB?
Based on what Directive or Order that decision was made?

3.2) what is the rationality behind asking to sit the PLAB to Non-EEA doctors with overseas qualifications and acquired rights ? Based on what Directive or Order that decision was made?

3.3) Then shall I understand that the general system applies?
3.4) What other criteria shall they meet? Could you explain them?
3.5) Please explain if section 19 refers to provisional registration?
3.6) if I am right, why did you close that route for specialist registration after a period of training?

4) Yes you did, not only with me and but at least with another Doctor with a Phd

with my best wishes